O R D E R

Petitioners have filed the petition under Article 226 of the Constitution of India, seeking the following relief(s):-

“i That the notice dated 16.04.2022 (Annexure P-4) issued by the respondent No.3 may kindly be quashed and set aside.

ii. That the respondents may further be directed to allow the petitioners to continue against the post of Programmer and date entry operator respectively under PMKSY 2.0 with State Level Nodal Agency, Department of Rural Development, Himachal Pradesh, alongwith all consequential benefits i.e. seniority and arrears etc.”

2. Case of the petitioners, in brief, is that the petitioner No.1 had been engaged as Programmer by respondent No.3 on outsource basis w.e.f. 14.08.2020, wherea s, petitioner No.2 had been engaged by respondent No.3 on outsource basis as Data Entry Operator w.e.f. 03.03. 2021. An agreement was executed between the Government of Himachal Pradesh and respondent No.3 on 07.04.2017 (Annexure P-3), whereby, respondent No.3 agreed to provide/deploy manpower/supporting staff to the State on outsource basis for its projects. Petitioner No.1 worked for about one year & eight months, whereas, petitioner No.2 worked for about one year & one month and their services were discontinued vide Notice dated 16.04.2022 (Annexure P-4). Petitioners were informed that the contract of respondent No.3 with the Department of Rural Development had expired on 31.03.2022. However, the same was renewed till 30.04.2022. Services of the petitioners came to an end on 30.04.2022. Petitioners had been engaged on Project PMKSY 1.0 and the said project has been completed on 31.03.2022. Now, a new project has been started under the Name and Style WDC-PMKSY 2.0.

3. Learned counsel for the petitioners has submitted that the order whereby services of the petitioners have been discontinued, was illegal and unjust. Hence, the Notice dated 16.04.2022 (Annexure P-4), deserves to be quashed. So far as respondents No.3 & 4 are concerned, they were just service providers and provided manpower to respondents No.1 & 2, to enable them to complete the assignments of the Rural Development Department being carried on under PMKSY. Petitioners had worked to the entire satisfaction of respondents No.1 & 2. The discontinuation of services of the petitioners on the ground of expiry of contract was illegal, as the project was still in existence.

4. Admittedly, petitioners were working on contract basis with respondent No.2 and as per deployment order dated 03.03.2021 (Annexure P-2), it is evident that petitioner No.2 was engaged on contract basis, as Aparna Sharma, Data Entry Operator, had resigned. It was specified in the order dated 03.03.2021 that the period of contract of petitioner No.2 would be on co-terminus basis with the department on outsource basis.

5. Annexure P-3 is an agreement executed between respondent No.3 and the State on 07.04.2017. A perusal of the said agreement reveals that the manpower would be provided by respondent No.3 to the locations in Himachal Pradesh, as specified by the State Level Nodal Agency (SLNA), Department of Rural Development, Himachal Pradesh, Shimla, to meet the requirements of its projects. It was also specified that the staff deployed by respondent No.3 would have no right to claim regularization on any post.

6. Annexure P-4 is the impugned Notice dated 16.04.2022, issued to the petitioners, relevant portion whereof reads as under:-

“Our contract with State Level Nodal Agency (SLNA), Department of Rural Development has expired on 31-03-2022 and on our special request it has been renewed till 30.04.2022 and there is no further scope of renewal. Since you were engaged only for SLNA, and there is no further chance of renewal.

Therefore, we will not be in a position to continue your services as there is no requirement from the department. Please treat this as notice of your discontinuation from the services, w.e.f. 30-4-2022.

You are required to relinquish your charge and handover all the